Recording a deed in Lewis and Clark County, Montana

Recording a deed in Lewis and Clark County

Deeds affecting property in Lewis and Clark County, Montana are recorded with the Clerk and Recorder/Treasurer (Records Department). Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.

The recording rules the office applies come from Mont. Code Ann. §§ 70-21-201 to 70-21-213 (recording), 7-4-2636 and 7-4-2637 (format standards and fees) and 15-7-305 (Realty Transfer Certificate). Deeds themselves are governed by Mont. Code Ann. § 70-20-101.

What to bring

• The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
• A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in.
• A Realty Transfer Certificate (Form RTC) for a deed that transfers property now, including a gift (Mont. Code Ann. § 15-7-305). A transfer on death deed needs none until the owner dies.
• Payment for the recording fee, $20 for the first page and $10 per additional page. Many offices do not take personal checks.

Formatting

• Montana sets these rules by statute (Mont. Code Ann. § 7-4-2636): white 8.5 × 11 or 8.5 × 14 inch paper, print and signatures in blue or black ink, a 3-inch clear space at the top of page one, 1 inch at the top of later pages and at the bottom of every page, half an inch at the sides, and the return name and address in the upper left corner of page one. A document that misses any of them is still recorded, but costs $10 more (§ 7-4-2637(2)). Deedly's layout meets all of them: the return name and address print in the upper left corner, inside the 3-inch space as the statute allows (§ 7-4-2636(3)(b)), and the rest of that space stays blank.
• Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch space at the top of the first page (blank for the recording stamp, except for the return name and address in its upper left corner), 1-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
• A legal description. A street address alone is not enough.
• A 'when recorded, return to' block so the stamped original comes back to you.

How to file

1. 1In personTake the original to the Clerk and Recorder/Treasurer (Records Department) in Helena. This is the fastest route. You usually walk out with the recording information the same day.
2. 2By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
3. 3E-recordingTitle companies, attorneys, and other approved submitters file electronically through services such as Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. If you prepared the deed yourself, in person or by mail is usually simpler.